Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36280 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

SUNITA DEVI Wife of Kuwar Vijayi Sharma @ Kuwar Vijay Sharma Resident of Village - Barari Jagdish, Police Station - Uchkagaon, District - Gopalganj.

2.

LILAWATI DEVI Wife of Dhirakshatri Sharma Resident of Village - Barari Jagdish, Police Station - Uchkagaon, District - Gopalganj. 3.

DHARMAWATI DEVI Wife of Amarjeet Sharma Resident of Village - Barari Jagdish, Police Station - Uchkagaon, District - Gopalganj. ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Uchakagaon P.S. case No.288 of 2020

Patna High Court CR. MISC. No.36280 of 2021(2) dt.06-01-2022 2/3 registered under Sections 341, 342, 323, 307, 353, 504, 506/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioners are encroachers of the government land. When the authorities went for removal of encroachment, the accused persons including the petitioners protested and assaulted them.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There was encroachment, which was being removed by the concerned authorities. General and omnibus allegation has been made against the petitioners. Petitioners are ladies.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact

Patna High Court CR. MISC. No.36280 of 2021(2) dt.06-01-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. case No.288 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T